High CourtsSingle Bench

Rajendra Mishra vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 9 April 2018 · Citation: (2018) 04 CHH CK 0090

HON’BLE JUDGES
SANJAY K. AGRAWAL, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section — Section 439 · Narcotic Drugs and Psychotropic Substances Act, 1985 — Section 20B
RESULT
Dismissed
CASE NUMBER
M.Cr.C. No. 1130 of 2018
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Judgment

13 paragraphs · 237 words
1.

This is the first bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicants who have

been arrested in connection with Crime No.20/2017 registered at Police Station Kawardha, District Kabeerdham (C.G.) for the offence punishable

under Section 20-B of the Narcotic Drugs and Psychotropic Substances Act, 1985.

2.

Case of the prosecution, in brief, is that about 125 Kgs. of Ganja was recovered from the possession of the applicants and thereby committed the

aforesaid offence.

3.

Learned counsel for the applicants would submit that the applicants are innocent and have been falsely implicated in crime in question. They are in

jail since 20-01-2017, therefore, they may be released on regular bail.

4.

On the other hand, learned counsel for the State would oppose the bail application.

5.

I have heard learned counsel appearing for the parties and perused the case diary.

6.

Taking into consideration the facts and circumstances of the case, further taking into consideration the nature and gravity of the offence and total

quantity of 125 Kgs. Ganja was recovered from the possession of the applicants, this Court is of the opinion that present is not a fit case in which the

applicants should be enlarged on regular bail.

7.

Accordingly, the bail application filed under Section 439 of the Cr.P.C. is rejected. However, the Trial Court is directed to expedite the trial.